T&T: Anchoring in Florida

Carl H. Martin chmartin@tampabay.rr.com
Sat Jul 1 10:52:15 EDT 2006


A section of a new bill (HB 7175) signed into law this week is titled Vessel
Mooring Field Regulation.  It says:

Section 327.02(15), F.S., prohibits local governments from regulating the
anchoring of non-live aboard vessels in the exercise of rights of navigation.
Public rights on navigable waters are not restricted to navigation in the
strict sense, but include such incidental rights as are necessary to render
the right of navigation as reasonably available.  The incidental rights
include the right of a vessel to anchor so long as it does not unreasonably
obstruct navigation.  If it is a live-aboard vessel or floating structure,
cities & counties can regulate their anghoring and mooring up to a flat
prohibition.

Section 327.02 defines "live-aboard vessel" to mean:
(a)  Any vessel used solely as a residence; or
(b)  Any vessel represented as a place of business, a professional or other
commercial enterprise, or a legal residence.
A commercial fishing boat is expressly excluded from the term "live-aboard
vessel".
I think this is good news.  I wonder if there are any lawyers on the list that
might care to comment on this.  I have a feeling it won't be long before this
is challenged.  Personally I'm amazed that there isn't a Federal law regarding
the right to anchor.

Carl


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